Concessional Anti-dumping Duty for Meridian Solar on CRT Tubes
[Customs
Notification No. 99 dated 30th September 2010]
Whereas, in the matter of import of Cathode Ray Colour Television
Picture Tubes (hereinafter referred to as the subject goods), falling under
sub-heading 8540 11 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975) originating in, or exported from Malaysia, Thailand, China PR and Korea RP
(hereinafter referred to as the subject countries), the designated authority,
in its final findings vide notification No. 14/8/2007-DGAD, dated the 17th
February, 2009, published in the Gazette of India, Extraordinary, Part I,
Section I, dated the 17th February, 2009, read with the corrigendum No.
14/8/2007-DGAD, dated the 17th April 2009,
had come to the conclusion that,-
(a) imports
originating in the subject country are taking place at dumped prices and the
same had caused material injury to the domestic industry;
(b) decline
in market share of domestic industry as a consequence of increase in market
share of subject imports from the subject country prevented the domestic
industry from increasing their sales commensurate to growth in demand;
(c) significant
price-undercutting and substantial increase in the volume of dumped imports
adversely affected the performance of the domestic industry in terms of
profits, cash flow, and return on investment;
(d) significant
increase in volume of dumped imports from the subject country (both in absolute
terms as well as in relation to the share in demand) had resulted in
significant decline in market share of the domestic industry;
And whereas, on the basis of the aforesaid final findings of the
designated authority, the Central Government had imposed anti-dumping duty on
the subject goods vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 50/2009-Customs, dated the 15th May,
2009, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide G.S.R. 337(E), dated the 15th May,
2009;
And whereas, M/s. Meridian
Solar & Display Company Ltd., (Producer or Exporter from Korea RP)( herein
referred to as “the subject party”) had requested for review in terms of rule
22 of the Customs Tariff (Identification, Assessment and Collection of
Antidumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 in respect of exports made by them, and the designated authority vide new
shipper review notification no. 15/10/2009-DGAD dated the 13th November 2009
published in the Gazette of India, Extraordinary, Part I, Section 1 dated the
13th November 2009 recommended
provisional assessment of all exports of the subject goods made by the subject
party in to India till the completion of the review;
And whereas, on the basis of the aforesaid recommendation of the
designated authority, the Central Government had issued notification No.
144/2009-Customs on the 23rd Dec 2009, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 922(E), dated the 23rd Dec 2009 ordering that pending the
outcome of the said review by the designated authority the subject goods
exported by the subject party when imported into India, shall be subjected to
provisional assessment till the review is completed;
And whereas, the designated authority has completed the new shipper
review and in its final findings vide Notification No. 15/10/2009-DGAD
dated the 19th July 2010, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 19th July 2010 has come to the conclusion that,-
(i) individual dumping margin in respect of exports made by the
applicant is not required to be determined a fresh.
(ii) instead,
the applicant is required to be given the same level of dumping margin and
consequently the benchmark for payment of anti dumping duties as was given to
M/s. LG Philips Displays Korea Co. Ltd. Korea.
(iii) M/s. LG Philips Displays
Korea Co. Ltd., Korea continues as a separate unrelated legal entity in Korea,
however confirmedly, without being in the manufacture of the Product under
Consideration.
And has recommended following amendments in the duty Table:
(i) against Serial No. 6, in column (6), the name of the
Producer may be amended to read as M/s. Meridian Solar & Display Company
Ltd.
(ii) against
serial no. 6, in column No. (7), the name of the exporter may be amended to
read as M/s. Meridian Solar & Display Company Ltd. or/ and M/s LG
International (S’Pore) Pte.
Limited, Singapore
Now, therefore, in exercise of the powers conferred by sub-section (1)
and sub-section (5) of section 9A of the said Customs Tariff Act read with
rules 18, 20 and 22 of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, the Central Government, on the basis of the aforesaid
final findings, hereby makes the following amendments, in the notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
50/2009-Customs, dated the 15th May, 2009 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 337(E), dated the
15th May, 2009, namely:-
In the said notification, in the Table,-
(i) Against Sl.No.6, for the entries in column
(6), “M/s. Meridian Solar & Display Company Ltd.” shall be substituted.
(ii) Against Sl.No.6, for the
entries in column (7), “M/s. Meridian Solar & Display Company Ltd. or/ and
M/s LG International (S’Pore) Pte.
Limited, Singapore” shall be substituted.
[F.No.354/87/2008-TRU (Pt.1)]